The object of Delhi Shops and Establishments Act, 1954,
is to give some minimum benefits and relief to the vast unorganized
sector of employees, employed in Shops and Establishments. Industrial
Dispute Act 1947, and Delhi Shops & Establishments. Act, 1954 are
supplemental to each other.

Question.2

What is the area where Delhi Shops and Establishments Act 1954 is applicable ?

Answer

This Act is applicable to all Shops and Establishments in the whole of the National Capital Territory of Delhi.

Question.3

What is the set up for enforcement of this Act ?

Answer

The Act is enforced through the Chief
Inspector of Shops (CIS) and various inspectors under the Act, who are
posted in nine districts of the capital who function under the
supervision and control of Dy./ Asstt. Labour Commissioners of the
concerned district. Chief Inspector functions under the supervision of
Dy. Labour Commissioners (CIS) who in turn functions under the
supervision of LC.

Question.4

Whether Registration is mandatory under the Act ?

Answer

Yes, Registration is mandatory under the Act.

Question.5

What are the opening and closing hours of Shops and Establishments in Delhi ?

Answer

No Shops or Establishment on any day, can
be opened earlier than such hour or closed later than such hour, as may
be fixed by the Government by general or special order is this behalf
(S.15).

Question.6

What are the rest and closed day.

Answer

Every Shops and Establishments shall remain closed for one day in a week.

For not more than nine hours on any day or 48 hours in any week. (Section 8 )

Question.9

What is the period or interval for rest and meals?

Answer

No period of continuous work shall exceed
five hours, which is to be followed by an interval for rest and meals of
at least half an hour for an adult person. (Section .10)

Question.10

What are the hours of work of young persons employed in Shops and Establishments ?

Answer

Not for mere than 6 hours a day and not to
be employed continuously for more than 3 ½ hours without an interval of
at least half an hour.

Question.11

What are the provisions regarding exemptions under this Act ?

Answer

Section 4 of the Act provides for grant of
exemptions from certain provisions of the Act. (e.g. Section 14, 15
& 16) with the approval of Lt. Governer subject to conditions as may
be prescribed.

Question.12

What are the records and registers etc to be maintained by every Shops or Establishments ?

Answer

The occupier of every Shops or
Establishments shall for the purpose of this Act maintain such other
records and registers and display such other notices as may be
prescribed. (Section 33)

Question.13

What are the legal provisions regarding the issuance of appointment letters?

Answer

The employer shall furnish every employee
with a letter of appointment which shall contain particulars such as (a)
name of the employer (b) name and address of the establishment (c) the
name, father's name and age of the employee (d) Hours of work (e) date
of appointment.

Question.14

What are the time and conditions for payment of wages to employers ?

Answer

Every employer or his agent or the manager
of any establishment shall fix periods of wages payable to the
employees, which shall not exceed one month. The wages of a wage period
must be paid before the expiry of seventh day of the last day of the
wage period.

Question.15

What are the different types of leave available to an employee under the Act ?

Answer

Every person employed in an establishment shall be entitled

(a) to 15 days of privilege leave for one year of service, which can be accumulated to 45 days.

(b) To 12 days of sickness or casual in an year. (Section.22)

Question.16

Whether children are permitted to work in Shops or Establishments ?

Answer

No, children of 12 years and below are prohibited to work in shops under (Sec. 12)

Question.17

Whether double employment is permissible under the Act ?

Answer

Double employment is prohibited under Section 9 of the act.

Question.18

Can a women employee be required to work during night shift ?

Answer

No woman or a young person can be required
to work, whether as an employee otherwise in any establishment between 9
P.M. to 7 A.M during summer season and between 8 P.M. to 8 A.M during
winter season.

Question.19

What is the provision of availing privilege leave ?

Answer

An employee has to apply in writing to the
employer, indicating in advance, the date from which he would like to
avail privilege leave 15 days in advance.

Question.20

Is there any legal obligation for keeping the premises clean ?

Answer

The premises of every establishment shall
be kept clean and free from effluvia arising from any drain or privy or
other nuisance and shall be cleaned at such time and by such methods
prescribed under Rule 11 of the Act.

Question.21

Whether an employer is liable to pay compensation if an employee suffers injuries or is subject to fatal accident ?

Answer

The provisions of workman's compensation Act 1923, have been made applicable to every establishment covered under the Act.

Question.22

Whether an employer is bound to maintain some records pertaining to the employees ?

Answer

Yes, the employer is bond to maintain records and display notices as provided under section 33 of the Act and Rule 14.

Summary of Main provisions under the Delhi Shops and Establishment Act and the Rules

Sl.
No.

Provision

Section/Rule

Remarks

1

Set up of CIS Section

Section.36/17

This section is headed by DLC (CIS), Chief Inspector of Shops and Labour Inspector(Shops). The Labour
Inspectors are posted in 9 Districts, each district is headed by DLC/ALC/LO

2

Registration of Shops and Establishments

Section 5

Not required since kept in abeyance w.e.f. 23.11.89

3

Closed Day

Section 16

One day in a week

4

Opening and Closing hours

Section 15

No shop or commercial
establishment be opened earlier than such hour or closed later than as
may be prescribed i.e. 9.00 AM and 7.00 PM in winter, 9.30 AM to 7.30 PM
in summer and 8.00 AM to 6.00 PM for establishment.

5

Appointment letters

Section 34

On appointment/joining of the job

6

Working hours

Section 8

48 hours a week or 9 hours a day

7

Compulsory rest

Section 10

Half an hour after 5 hours of work

8

Spread over of working hours including rest

Section 11

12 hours in shops and 10 and a half hours in an establishment

9

Restriction on working of women/Young person

Section 14

In summer 9.00 PM to 7.00AM and in winter 8.00 PM to 9.00AM

10

Earned/privileged leave

Section 22

15 days

11

Accumulation of earned leave

Section 22

45 days

12

Casual/sick leave

Section 22

12 days

13

Intimation in writing for availing earned leave

Rule 10

15 days in advance

14

Availing of casual/sick leave

Rule 10

As soon as possible

15

Payment of wages

Section 19

7th of the following month

16

Wages for holidays of a piece rated employee

A piece rated employee is also entitled to the average of the wages received by him during the previous month.

17

Payment of wages

Section 19(4)

The wages are to be paid in cash

18

Cleanliness

Section 25

The premises of every establishment shall be kept clean.

19

Employment of children (12 years and below)

Section 12

No child shall be allowed to work whether as an employee or otherwise in any establishment.